When Arizona counties pass rules for short-term rentals like Airbnb properties (occupancy limits, smoke detector requirements, neighbor notification), do those rules also have to apply to ordinary single-family homes, or are they allowed to apply only to vacation rentals?
Plain-English summary
In 2023, Gila County adopted Ordinance No. 2023-08 to regulate short-term and vacation rentals. The ordinance requires permits, $500,000 in liability insurance, neighbor notification, smoke and carbon monoxide detectors, posted floor plans showing emergency exits, occupancy limits tied to septic-system capacity, regular pest control, and trash collection rules.
State Senator Wendy Rogers asked whether parts of that ordinance conflict with state law. A.R.S. § 11-269.17(B)(2) says counties can "adopt and enforce use and zoning ordinances" for vacation and short-term rentals only "if the ordinance is applied in the same manner as other property classified under §§ 42-12003 and 42-12004." Class three and four property covers ordinary residential homes. So if a Gila County rule is a "use and zoning ordinance," it has to apply to every house, not just to short-term rentals.
AG Kris Mayes concluded that the Gila County rules are not "use and zoning ordinances." They are public health and safety regulations, which the same state law (§ 11-269.17(B)(1)) explicitly authorizes counties to impose specifically on vacation and short-term rentals, even when those rules don't apply to other homes. Smoke detector mandates fit fire and building codes; pest control fits health and sanitation; trash collection fits health and sanitation and pollution control; occupancy limits tied to septic systems fit health and sanitation and waste control.
So the ordinance is fine. Counties have broad authority to regulate short-term rentals for public health and safety reasons. The "must apply equally to all property" rule is narrower than the senator's question implied.
What this means for you
If you own or operate a short-term rental in Arizona
Your county can impose health and safety rules on you that don't apply to your neighbors who live in their own homes. That includes occupancy limits, smoke and CO detectors, posted emergency-exit floor plans, pest control, trash management, neighbor notification, insurance, and permitting. As long as the county is regulating for public health and safety reasons, it does not have to apply the same rules to permanent residences.
Where your county still cannot single you out is in actual zoning: rules about whether a property can be used as a residence at all, lot size, setbacks, building height, what kinds of structures are allowed in a zone. Those have to apply equally to vacation rentals and other class three/four property.
Practical advice: read your county ordinance carefully and identify which parts are framed as health and safety regulations (those are likely valid even if narrowly targeted) versus which parts attempt to restrict the use of your property as a rental (those must apply equally to all residential properties).
If you serve on a county board of supervisors or work in county government
You have more authority than the bare text of § 11-269.17(B)(2) might suggest. Health and safety regulations targeted specifically at short-term rentals are valid under § 11-269.17(B)(1) and do not need to apply to all class three and four property. The opinion lays out the framework: tie each rule to a recognized health-and-safety category (fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution control), and document that primary purpose in the ordinance itself.
Gila County did this well by titling its chapter "Additional health and public safety regulations" and stating that the regulations are "for the primary purpose of protecting the health and safety of the public." That framing matters. A county that just adopts the same rules without that framing has weaker grounds to defend a challenge.
What you still cannot do: use a "use and zoning ordinance" to ban or limit short-term rentals where you allow other residential uses, unless the same rule applies to other residential properties.
If you work as a county attorney or city attorney
Use this opinion as a guide for drafting and defending short-term rental ordinances. The eight categories in § 11-269.17(B) are the menu of permissible regulatory purposes. Map each ordinance provision to one of the categories before adoption. If a provision is properly grounded in health and safety, the requirement-of-equal-application in (B)(2) does not apply.
The opinion also reaffirms that some traditional zoning concepts (height, setbacks, density, allowed uses) still get the equal-treatment rule. So a county trying to use a "zoning" theory to single out short-term rentals will run into § 11-269.17(B)(2) directly.
If you live next to a short-term rental or are a homeowner association member
Public health and safety rules targeted at short-term rentals are permissible. So if you have been pushing your county to adopt occupancy limits, parking rules, neighbor-notification requirements, or insurance requirements specifically for short-term rentals, the opinion supports that approach. If you want broader use-restrictions (like banning short-term rentals from a residential zone entirely), that is harder, because § 11-269.17(B)(2) requires zoning to apply equally to all residential property.
Note: this opinion is about counties. Cities and towns have their own statutes governing short-term rentals (A.R.S. § 9-500.39), with parallel but somewhat different framework.
Common questions
Q: Can my county ban short-term rentals entirely in a residential zone?
A: Probably not as a "zoning" matter, because § 11-269.17(B)(2) requires zoning to apply equally to all class three and four property. The county could potentially ban for-profit short-term rentals through some other mechanism, but a ban specifically targeting vacation rentals as a use category in a zone where other residential uses remain allowed runs into the equal-application rule.
Q: Can my county require my Airbnb to have liability insurance?
A: Yes. § 11-269.17(B)(8) explicitly allows counties to require vacation and short-term rentals to maintain at least $500,000 in liability insurance.
Q: Can my county limit how many people can stay in my short-term rental at once?
A: Yes, if the limit is tied to a public-health-and-safety rationale (septic capacity, fire code, water capacity). The Gila County ordinance ties occupancy limits to septic systems, which the AG identifies as a permissible health and sanitation regulation.
Q: Can my county require me to notify my neighbors that my property is a short-term rental?
A: Yes. § 11-269.17(B)(6) permits neighbor-notification requirements.
Q: Does this opinion apply to cities and towns, not just counties?
A: This opinion interprets the county statute (§ 11-269.17). Cities and towns are governed by A.R.S. § 9-500.39, which has a parallel structure. Many of the same principles apply, but the city statute should be consulted directly for city-specific ordinances.
Q: Where is the line between a "use and zoning ordinance" and a "health and safety regulation"?
A: The opinion provides a workable test. Zoning ordinances govern things like the use of land or buildings, the height and location of buildings, the size of yards, courts and open spaces, and setback lines. They typically come with a map showing zoning district boundaries. Health and safety regulations govern operational matters: how the property is used day-to-day, fire safety, sanitation, pest control, traffic, waste, and similar concerns. Same conduct can sometimes be regulated either way, but the AG focuses on what the ordinance is actually doing, not just what it is called.
Background and statutory framework
A.R.S. § 11-269.17 was first enacted in 2016 (S.B. 1350) to limit county authority over vacation and short-term rentals. Over the next several years, the legislature amended the statute repeatedly to expand the categories of permissible regulation as concerns about short-term-rental impacts grew. By 2022, the statute permitted eight categories of county regulation:
- Public health and safety regulations.
- Use and zoning ordinances applied equally to other class 3 and 4 property.
- Restricting use for sex offender housing, sober living homes, illegal drug sales, adult businesses, etc.
- Requiring contact information for a responsible party.
- Local regulatory permits or licenses.
- Neighbor notification requirements.
- Display of permit numbers in advertisements.
- Liability insurance of at least $500,000.
Gila County's ordinance touches several of these categories. Most provisions sit comfortably in (1), (3), (4), (5), (6), (7), or (8). The senator's question targeted whether some of the operational rules in Chapter 3.6 of the ordinance (smoke detectors, occupancy limits, pest control, etc.) were really "use and zoning ordinances" in disguise that would need to apply to all class 3 and 4 property under (B)(2).
The AG's framework asks whether each rule is properly characterized as a zoning regulation under A.R.S. § 11-801(10)-(11). Zoning ordinances need a map setting forth zoning district boundaries and govern things like land use, building height and location, yard sizes, and setback lines. The Gila County rules don't fit. They govern operational health and safety, which fits (B)(1) cleanly.
Citations and references
Statutes:
- A.R.S. § 11-269.17 (county authority to regulate short-term rentals)
- A.R.S. § 11-801(10), (11) (definitions of zoning ordinance and zoning regulations)
- A.R.S. § 42-12003 (class three property)
- A.R.S. § 42-12004 (class four property)
- A.R.S. § 9-500.39 (parallel city statute, not addressed in this opinion)
Cases:
- Whiteco Outdoor Advert. v. City of Tucson, 193 Ariz. 314 (App. 1998) (illustrating the line between zoning and non-zoning regulations)
Local ordinance:
- Gila County Ordinance No. 2023-08
Source
- Landing page: https://www.azag.gov/opinions/i24-011-r24-006
- Original PDF: https://www.azag.gov/sites/default/files/2025-06/I24-011.pdf
Original opinion text
To:
The Honorable Wendy Rogers, Arizona State Senator (LD7)
1700 W. Washington, Suite 305
Phoenix, AZ 85007-2844
Question Presented
State law provides that counties may "adopt and enforce use and zoning ordinances" for vacation or short-term rentals so long as the ordinances are "applied in the same manner as other property classified under §§ 42-12003 and 42-12004." A.R.S. § 11-269.17(B)(2). Does Gila County Ordinance No. 2023-08 conflict with this law by imposing regulations on vacation and short-term rentals that do not apply to other property classified under §§ 42-12003 and 42-12004?
Summary Answer
No. A.R.S. § 11-269.17(B)(2) requires that "use and zoning ordinances" be applied to vacation and short-term rentals in the same manner such ordinances are applied to other property classified under §§ 42-12003 and 42-12004. But the statute also permits counties to impose other types of regulations on vacation and short-term rentals without any requirement that they also apply to other property, including regulations to protect public health and safety. See id. § 11-269.17(B)(1). Because Gila County Ordinance No. 2023-08 imposes regulations for public health and safety, rather than "use and zoning ordinances" specific to vacation and short-term rentals, the Ordinance does not conflict with A.R.S. § 11-269.17(B)(2).
Background
In 2016, the Arizona Legislature passed S.B. 1350, now codified as A.R.S. § 11-269.17. As enacted in 2016, the law gave counties the authority to regulate vacation and short-term rentals for three purposes: (1) protecting public health and safety, (2) adopting and enforcing use and zoning ordinances, and (3) restricting the use of vacation and short-term rentals for certain purposes including housing sex offenders, operating a sober living home, selling illegal drugs, or running an adult-oriented business. A.R.S. § 11-269.15 (2016) (subsequently renumbered). In 2019, the Arizona Legislature expanded the list of permissible regulatory purposes to include: (4) requiring the owner to provide the county with the contact information of someone who would be responsible for timely responding to complaints. A.R.S. § 11-269.17 (2019). In 2022, the Arizona Legislature added another four permissible regulatory purposes: (5) requiring owners to obtain and maintain local regulatory permits or licenses for their vacation and short-term rentals, (6) requiring owners to notify their neighbors of the rental use, (7) requiring owners to display their vacation or short-term rental permits or licenses on advertisements, and (8) requiring that vacation and short-term rentals be insured at a minimum of $500,000 in the aggregate. A.R.S. § 11-269.17 (2022).
The Gila County Board of Supervisors adopted Gila County Ordinance No. 2023-08 in December 2023. The Ordinance imposes a number of regulations on vacation and short-term rentals within Gila County. Primary among these is that owners obtain a permit from the county before operating a vacation or short-term rental. See Gila County Ordinance No. 2023-08 ch. 2. In addition to the permitting requirement, the Ordinance mandates that owners maintain aggregate insurance of at least $500,000 (Chapter 3.4), display their permit numbers on advertisements (Chapter 3.5), and notify their neighbors that the property will be offered as a vacation or short-term rental (Chapter 4). Various provisions throughout the Ordinance require vacation and short-term rentals to comply with other generally applicable laws. See, e.g., Gila County Ordinance No. 2023-08 Chs. 1.4.2, 3.6.6, 3.6.8, 3.6.9, 3.6.11.
Relevant here, Chapter 3.6 of Gila County Ordinance No. 2023-08 imposes a number of additional regulations. Titled "Additional health and public safety regulations," Chapter 3.6 states that the "primary purpose" of the regulations therein is "protecting the health and safety of the public as vacation rentals and short-term rentals create unique public health and safety issues." Gila County Ordinance No. 2023-08 Ch. 3.6.1. Among the requirements set forth in Chapter 3.6 are regulations addressing trash collection (3.6.2), smoke and carbon monoxide detectors (3.6.3), floor plan display (3.6.5), regular pest control treatments (3.6.7), and occupancy limits (3.6.10).
Analysis
You have asked this Office to consider whether Gila County Ordinance No. 2023-08 conflicts with A.R.S. § 11-269.17(B)(2) by imposing requirements unique to vacation and short-term rentals. We conclude that it does not.
A.R.S. § 11-269.17(B)(2) allows counties "[t]o adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under §§ 42-12003 and 42-12004." A.R.S. §§ 42-12003 and 42-12004 define class three and class four property, respectively. The answer to your question therefore depends on whether Gila County Ordinance No. 2023-08 imposes "use and zoning ordinances" under A.R.S. § 11-269.17(B)(2) that must also apply to class three and class four property generally, or if instead the Ordinance's regulations are otherwise authorized by A.R.S. § 11-269.17(B).
A.R.S. § 11-801(10) defines "[z]oning ordinance" as "an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective." The statute further defines "[z]oning regulations" as "provisions that govern the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and such other matters as may otherwise be authorized under this chapter and that the board deems suitable and proper." Id. § 11-801(11). Arizona courts have at various times analyzed whether a particular ordinance is properly understood to be a "zoning ordinance." See, e.g., Whiteco Outdoor Advert. v. City of Tucson, 193 Ariz. 314, 317–318 ¶¶ 8–11 (App. 1998).
The regulations in Ordinance Chapter 3.6 here are clearly not zoning regulations. For the Ordinance to be a "zoning ordinance," it would need to be accompanied by "a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective." A.R.S. § 11-801(10). And for the regulations contained within the Ordinance to be "zoning regulations," they would need to govern things such as "the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, [or] the establishment of setback lines." A.R.S. § 11-801(11). A land or building's "use" in a zoning ordinance refers to its essential purpose, not how the property is used on a micro scale. See Zoning Ordinance for Unincorporated Areas of Gila County Arizona § 102. The regulations at issue here simply do not govern the sort of issues addressed by zoning regulations. Rather, as indicated by the Chapter's title and text, the regulations concern issues of public health and safety, which § 11-269.17(B)(1) explicitly permits.
From its inception, § 11-269.17(B) has allowed counties to regulate vacation and short-term rentals for the purpose of "protect[ing] the public's health and safety . . . if the county demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety." A.R.S. § 11-269.17(B)(1). The statute notes that these provisions may specifically "includ[e] rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control." Id.
A number of the provisions in Gila County Ordinance No. 2023-08 use the precise language of portions of § 11-269.17(B). For instance, § 11-269.17(B)(3) allows counties "[t]o limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses," and Chapter 3.2 of Gila County Ordinance No. 2023-08 does just that. Similarly, Chapter 3.4 of the ordinance mirrors § 11-269.17(B)(8)'s authorization for counties "[t]o require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage."
The portions of Gila County Ordinance No. 2023-08 about which you expressed particular concern in your letter are all contained within Chapter 3.6 of the Ordinance. As noted above, Chapter 3.6 is titled, "Additional health and public safety regulations," and begins with the statement that these regulations are "for the primary purpose of protecting the health and safety of the public" (3.6.1). Many of the regulations in Chapter 3.6 fit neatly into the types of health and safety regulations expressly authorized by § 11-269.17(B)(1). For example, regular pest control treatments (3.6.7) and trash collection container rules (3.6.2) are directly related to "health and sanitation"; prohibiting trash collection containers from being left out for extended periods of time may further not only health and sanitation but also "transportation or traffic control" and "pollution control." A.R.S. § 11-269.17(B)(1). Likewise, displaying a floor plan marking the emergency exit route and fire extinguisher location (3.6.5) is directly related to "fire and building codes." A.R.S. § 11-269.17(B)(1). And in Chapter 3.6.10, the Gila County Board of Supervisors explicitly tied the vacation and short-term rental occupancy limit to regulations relating to septic systems, which concern both "health and sanitation" and "solid or hazardous waste . . . control." A.R.S. § 11-269.17(B)(1).
Given the close relationship between the Ordinance's regulations and the statute's expressly authorized categories of regulation, there is no reason to treat the regulations in Gila County Ordinance No. 2023-08 Chapter 3.6 as anything other than the sort of health and safety regulations that § 11-269.17(B)(1) authorizes counties to impose on vacation and short-term rentals without regard for how other property is regulated.
Conclusion
A.R.S. § 11-269.17(B) grants counties authority to regulate vacation and short-term rentals in a number of ways. The statute's provision in A.R.S. § 11-269.17(B)(2) for "use and zoning ordinances" that also apply to other class three and class four property is only one of those ways. Because the regulations in Gila County Ordinance No. 2023-08 are appropriate subjects for regulation under other parts of A.R.S. § 11-269.17(B), the Ordinance does not conflict with A.R.S. § 11-269.17(B)(2).
Kris Mayes
Attorney General